Legal Forum
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Posted: 2001-09-05 03:50
Will we have any liability for not hiring someone based on the fact that they have an obvious tatoo? The position was for a receptionist and a tatoo would not fit in with our corporate image. Also, is it ilegal to either ask about or tell prospective applicants that any body markings or piercing (except pierced ears) must be fully covered in order to work in our office? We are considering another candidate who has small tatoos on her ankles which can be covered by long skirts or pants.
Thank you.
nork2
Joined: Sep 13, 2001 Posts: 1037
Posted: 2001-09-05 07:53
You, the employer, have a right to project a certain public image. If that includes not allowing your receptionist to have visible body piercings/tattoos/bright pink hair, that's your call. Rather than ask if your candidates have any of these, you might simply want to tell candidates that you require that there be no visible tattoos or piercings.
If Disney can prohibit facial hair amongst employees at it's theme parks, you can certainly prohibit tattoos and piercings in your workplace!
EpsteinBecker&Green,P.C.
Joined: Sep 13, 2001 Posts: 8461
Posted: 2001-09-05 09:11
Employers can have dress codes and grooming standards (which can cover tatoos and body piercing) so long as they are nondiscriminatory, either as written or as applied. Here, you haven't indicated that you have a formal policy that applies here; you may want to write one to fend off claims that you are making up/changing this policy as you go along.
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Posted: 2001-09-05 03:50 
